1 Comments Published on January 21st, 2015 by Cyclone Covey
Q: So you review every proposal before it is sent to the customer? A: That's the way it is supposed to work in theory. Q: You reviewed this proposal, Exhibit 15, before it was sent to your client, didn't you? A: I might have.When you get one of these answers, if you move on and accept their weak answers, you’ve made a huge mistake! Don’t let up! Here's how to do it correctly.
Q: So you review every proposal before it is sent to the customer? A: That's the way it is supposed to work in theory. Q: Well you just testified that your department's procedure is that you review every proposal. Right? A: Yes. Q: So do you follow that procedure and review every proposal or not? A: Yes. Q: Yes you do review every proposal before it is sent out? A: Yes. Q: So you reviewed this proposal, Exhibit 15, before it was sent to to your client, didn't you? A: I might have. Q: You just testified that you review every proposal. Did you review Exhibit 15 before it was sent? A: Yes I did.Sometimes the testimony won't be so easy as the examples I gave above. If the witness says they’re not really sure then talk to them about what the other possibilities are. Usually when someone equivocates to avoid directly admitting damning evidence they will acquiesce to whatever you’re asking when you challenge them. This acquiescence occurs because the witness does not want to spend more time discussing an uncomfortable or unpleasant subject. The correct way is definitely more work, but it results in more useful testimony. The first example above is barely useful. The extra work is well worth it because it affects the transcript, which is what you will use later in your case. The court is not there during your deposition and the judge does not see the overall dynamic of what’s going on. The court sees only a very small subset of the deposition so you’ve got to follow up to make the transcript straightforward.